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Form MC 38, Bond, Claim and Delivery, page 1
Basic · 34/100Form Complexity Index

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What this form asks for

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The Michigan Form MC 38, Bond for Claim and Delivery, is a legal document filed in a judicial circuit or district court to secure a bond in a civil action for the recovery of personal property. It guarantees that the principal party will surrender the property, pay any recovered money, and fulfill all court requirements as ordered by the judge. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields35
Pages2
Form Complexity IndexBasic, 34/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Format and Presence

This check verifies that the 'CASE NO.' field is not empty and conforms to the standard Michigan court case number format. A valid case number is essential for associating the bond with the correct legal action in the court's records. If the format is incorrect or the field is empty, the form submission should be rejected to prevent filing errors and delays.

Bond Amount is a Positive Number

Validates that the 'Amount of bond' field contains only a positive numeric value, allowing for decimals. This is critical as the bond amount represents a specific financial liability and must be clearly and accurately defined. An invalid or non-positive entry would make the bond legally unenforceable and should block submission until corrected.

Exclusive Bond Type Selection

Ensures that either 'Cash' or 'Surety' is selected for 'Type of bond', but not both. The type of bond determines the source of the financial guarantee and dictates which subsequent sections of the form are required. Failure to select one and only one type creates ambiguity and should prompt the user to make a clear choice.

Conditional Surety Information Requirement

This validation checks that if 'Surety' is selected as the 'Type of bond', then the surety name(s), address(es), telephone number(s), and signature(s) are provided. A surety bond is invalid without a clearly identified and committed surety. If the bond type is 'Surety' and this information is missing, the form is incomplete and cannot be processed.

Attorney Bar Number Format

Verifies that the 'bar no.' for the plaintiff's attorney is present and follows the format for a Michigan State Bar number (e.g., 'P' followed by five digits). This number uniquely identifies the attorney and confirms their license to practice, which is a requirement for legal representation. An invalid or missing bar number could indicate an unauthorized representative and must be corrected.

Notary Commission Expiration Date

This check ensures the 'My commission expires on' date for the notary public is a valid future date. It also validates that this expiration date is after the date the document was 'Subscribed and sworn to'. A document notarized by someone with an expired commission is legally invalid, so this check is crucial for the bond's enforceability.

And 8 more checks
  • Logical Date Sequence
  • Required Party Information
  • Exclusive Principal Selection
  • Surety Acknowledgment of Worth
  • Telephone Number Format
  • Principal Signature Presence
  • Exclusive 'Bound To' Recipient
  • Notary County Validation

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How to Fill Out MC 38 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the MC 38 Bond, Claim and Delivery form.
  2. Provide the case information, including the court, case number, judge, and the names and addresses of the plaintiff and defendant.
  3. Specify the bond details, such as the total amount and whether it is a cash or surety bond.
  4. Identify the principal (plaintiff or defendant) and provide the names and contact information for any sureties involved.
  5. Review the information auto-filled by the AI for accuracy and completeness, making any necessary corrections.
  6. The principal and sureties must sign the form. This can be done electronically or by printing the form for wet ink signatures.
  7. If required, have the surety acknowledgments sworn and notarized before filing the approved bond with the court and distributing copies to all relevant parties.

Common Mistakes in Completing MC 38

The ones the AI is built to catch.

Incorrectly Identifying the Principal
Users often get confused about whether to select 'Plaintiff' or 'Defendant' as the 'Principal'. The principal is the party who is required to post the bond to secure the property or fulfill a court obligation. Selecting the wrong party misrepresents who is legally bound by the bond's terms, which can lead to the bond being rejected by the court and significant delays in the case. To avoid this, carefully read the court order or legal context that requires the bond to determine which party is responsible for posting it.
Incomplete or Missing Surety Information
When a 'Surety' bond is chosen, filers frequently leave the surety's name, address, and phone number fields blank or incomplete. This information is critical for the court and opposing party to verify the surety's identity and financial standing. An incomplete form will be rejected, rendering the bond invalid until the information is provided and properly filed. Ensure all surety details are typed or printed legibly and completely.
Ignoring the Notarization Requirement for Sureties
A common error is for sureties to sign the form without having their signatures notarized on the second page. The 'Subscribed and sworn to before me' section is a legal oath that must be witnessed by a notary public. Skipping this step invalidates the surety's obligation and the bond itself, causing the court to reject the filing. Sureties must sign in the physical or remote presence of a licensed notary.
Misunderstanding the Surety's Financial Acknowledgment
Sureties often sign page two without fully understanding the declaration that they are worth 'twice the penalties in the bond, over and above all debts and legal exemptions.' This is a serious financial commitment and a sworn statement of their net worth. Misrepresenting this can have severe legal consequences, including perjury charges. Sureties must accurately assess their financial situation before signing this legally binding acknowledgment.
Entering an Incorrect Bond Amount
Filers may enter an incorrect dollar amount for the bond, either through a typo or misunderstanding the court's order. The bond amount is a critical term set by the court or statute, and any discrepancy will cause the filing to be rejected. This mistake delays the legal process until a corrected bond is submitted. Always double-check the court order or relevant legal documents to confirm the exact amount required before filling out the form.
Missing or Illegible Case Information
The top section of the form requires specific case details like 'CASE NO. and JUDGE,' 'JUDICIAL DISTRICT,' and 'JUDICIAL CIRCUIT.' People often leave these fields blank or provide illegible handwritten information, making it impossible for the clerk to file the document correctly. This leads to the document being returned and can cause you to miss important deadlines. Using an AI-powered tool like Instafill.ai can help by auto-filling and validating this information from a case file, ensuring accuracy and legibility.
Failure to Properly Distribute Copies
The form explicitly lists who must receive a copy: the Court, Sheriff, Defendant, and Plaintiff. A frequent mistake is to only file the bond with the court and neglect to serve it on the other required parties. This failure constitutes improper service, which can lead to procedural delays, motions to set aside the bond, or other legal challenges from the opposing party. Always create and distribute copies as instructed on the form.
Incorrectly Selecting the 'Bound To' Party
The form requires the filer to specify who the principal is 'bound to' by checking 'sheriff or court officer,' 'plaintiff,' or 'defendant.' This choice defines the beneficiary of the bond's guarantee. Choosing the wrong party can misdirect the legal obligation and render the bond ineffective for its intended purpose, leading to rejection or future legal disputes. The correct party is typically the one who would suffer damages if the principal fails to perform their obligations.
Submitting a Poorly Filled-Out Non-Fillable PDF
This court form is often available as a non-fillable PDF, forcing users to print and complete it by hand. This results in common errors like illegible handwriting, information written outside the designated fields, and missed sections. Such submissions can be rejected by court clerks for being unprofessional or unreadable. Tools like Instafill.ai can convert these flat PDFs into interactive, fillable forms, ensuring all data is neat, properly placed, and easy to read.
Missing Attorney Bar Number
When a party is represented by an attorney, it is a common oversight to omit the attorney's state bar number. This number is a required piece of information for all court filings as it uniquely identifies the attorney of record. Leaving it out can cause the clerk's office to reject the document or require an amended filing, creating unnecessary administrative hurdles and delays. AI form-filling tools can store and automatically populate this information to prevent such errors.

Frequently Asked Questions About MC 38

 

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This plan is for your MC 38: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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How does the AI fill out MC 38?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 38, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 38 to fill out?
MC 38 has a Form Complexity Index of 34 out of 100, in the basic tier: 35 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the Bond, Claim and Delivery form (MC 38)?
This form is a legal bond used in a Michigan lawsuit to recover property. It acts as a financial guarantee that the person taking possession of the property will return it or pay its value if the court ultimately rules against them.
Who is required to fill out this form?
The party in a lawsuit who wants to take immediate possession of disputed property before a final court judgment must fill out this form. This person is known as the 'principal' on the bond.
What's the difference between a 'cash' bond and a 'surety' bond?
A cash bond requires you to deposit the full bond amount in cash with the court. A surety bond involves a third party (a person or company) who promises to pay the bond amount if you fail to meet your legal obligations.
Who can be a 'surety' on this bond?
A surety is a person or company that agrees to be financially responsible for the bond. The form requires the surety to swear that their personal worth is at least twice the bond amount, over and above all their debts.
How do I determine the 'Amount of bond'?
The bond amount is set by the court, as specified in MCR 3.105. It is typically based on the value of the property being seized, often at least double the value to cover potential costs and damages.
On the form, who is the 'principal'?
The principal is the person whose obligations are guaranteed by the bond. In a Claim and Delivery action, this is usually the plaintiff seeking to recover property, but it can also be the defendant in certain circumstances.
Does this form need to be notarized?
Yes, the second page of the form includes a section that must be completed and signed by a notary public or deputy court clerk. The surety must sign in the presence of the notary.
What do I do with the form after it's filled out?
Once the form is completed, signed, and notarized, it must be submitted to the court for a judge's approval and filing. Copies must then be distributed to the court, the sheriff/court officer, the defendant, and the plaintiff.
What happens if the principal fails to meet the obligations listed on the bond?
If the principal fails to surrender the property or pay money as ordered by the court, the bond can be forfeited. This means the surety will be legally required to pay the opposing party up to the full amount of the bond.
Can I use an AI tool to help me fill out this form?
Yes, services like Instafill.ai use AI to accurately auto-fill form fields with your case and personal information, which helps save time and reduce errors.
How can I fill out the Bond, Claim and Delivery form online?
To fill out this form online, you can upload it to a platform like Instafill.ai. The tool will make the form fillable, allowing you to type in your information, select checkboxes, and add your signature electronically before downloading or printing.
The PDF version of this form I have is not fillable. What can I do?
You can use a service like Instafill.ai, which can convert flat, non-fillable PDFs into interactive forms that you can easily complete and sign online.
Where do I find the Case Number and Judge information?
The Case Number and Judge's name are assigned by the court when the lawsuit is first filed. This information will be present on all official court documents related to your case.
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